NY State Senate Bill 2023-S3425

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to corporations, authorities and commissions
Jan 31, 2023	referred to corporations, authorities and commissions

co-Sponsors

2023-S3425 (ACTIVE) - Details

See Assembly Version of this Bill:: A9765
Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: New York State Urban Development Corporation Act
Laws Affected:: Amd §3, UDC Act; amd §502, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S7358
2025-2026: S402, A6365

2023-S3425 (ACTIVE) - Summary

Includes temporarily erected structures in the definition of "substandard or insanitary area".

2023-S3425 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3425

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the urban development corporation act and the general
municipal law, in relation to including temporarily erected structures
in the definition of "substandard or insanitary area"

 
PURPOSE:

This legislation includes temporarily erected structures, including, but
not limited to, scaffolding, in the definition of the term "substandard
or insanitary area" as the term relates to blight.

 
SUMMARY OF PROVISIONS:

Section I amends subdivision 12 of section 3 of section 1 of the urban
development corporation act, by adding temporarily erected structures,
including, but not limited to, scaffolding, in the definition of the
term "substandard or insanitary area". Along with this it identifies
these areas to be potential blight causing hazards in any area regard-

less of whether or not it is residential or not.

Section 2 amends subdivision 4 of section 502 of the general municipal
law, as amended by chapter 748 of the laws of 1967, by adding temporar-
ily erected structures, including, but not limited to, scaffolding, in
the definition of the term "substandard or insanitary area". This also
highlights any areas that are deteriorating and is causing a blighting
issue on the area itself and any surrounding areas. This is related to
anything regarding air rights and can be dealt with through any urban
renewal programs.

Section 3 provides for the effective date.

 
JUSTIFICATION:

The presence of massive scaffolding installations at New York City Hous-
ing Authority ("NYCHA") developments is a chronic health, safety and
quality of life concern for residents. Scaffolding is often left erected
for substantial lengths of time, sometimes years, as the costs paid to
contractors add up, even while no work or inspections are taking place,
or after work has been completed. Scaffolding structures regularly used
for large-scale renovation, construction and pointing often create large
pockets of walkway areas that block light, limit walking access, and
increase vulnerability for residents, especially at night. These struc-
tures are also often unsightly and poorly maintained, creating blight.
Courts have granted government great deference in determining what
constitutes blight, and historically, this power has been used to seize
land in urban communities strictly for large-scale development, even
against the will of the community subject to said development.  This
legislation seeks to instead use blight determinations to address an
ongoing health and safety concern for NYCHA residents where NYCHA cannot
or will not act to remove unsightly and dangerous scaffolding.

 
LEGISLATIVE HISTORY:

S7358 of 2021-2022: Referred to Corporations, Authorities, and Commis-
sions.
 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S3425 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3425
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by Sens. MYRIE, GOUNARDES -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Corporations,
   Authorities and Commissions
 
 AN  ACT  to  amend the urban development corporation act and the general
   municipal law, in relation to including temporarily erected structures
   in the definition of "substandard or insanitary area"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 12 of section 3 of section 1 of chapter 174 of
 the laws of 1968, constituting the urban development corporation act  is
 amended to read as follows:
   (12) "Substandard or insanitary area". The term "substandard or insan-
 itary  area"  shall mean and be interchangeable with a [slum,] blighted,
 deteriorated or deteriorating area, or an area  which  has  a  blighting
 influence on the surrounding area, whether residential, non-residential,
 commercial,  industrial,  vacant or land in highways, waterways, railway
 and subway tracks and yards, bridge and tunnel approaches and entrances,
 TEMPORARILY ERECTED STRUCTURES INCLUDING BUT NOT LIMITED TO SCAFFOLDING,
 or other similar facilities, over which  air  rights  and  easements  or
 other  rights  of user necessary for the use and development of such air
 rights, to be developed as air rights sites for the elimination  of  the
 blighting  influence,  or  any combination thereof and may include land,
 buildings or improvements, or air rights and  concomitant  easements  or
 other  rights  of user necessary for the use and development of such air
 rights not in themselves substandard or insanitary.
   § 2. Subdivision 4 of section 502 of the  general  municipal  law,  as
 amended  by  chapter  748  of  the  laws  of 1967, is amended to read as
 follows:
   4. "Substandard or insanitary area." The term "substandard or  insani-
 tary  area"  shall  mean and be interchangeable with a [slum,] blighted,
 deteriorated or deteriorating area, or an area  which  has  a  blighting
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06215-01-3

 S. 3425                             2
 
 influence on the surrounding area, whether residential, non-residential,
 commercial,  industrial, vacant, or land in highways, railway and subway
 tracks, bridge and tunnel approaches and entrances, TEMPORARILY  ERECTED
 STRUCTURES  INCLUDING  BUT  NOT LIMITED TO SCAFFOLDING, or other similar
 facilities, over which air rights and easements or other rights of  user
 necessary  for  the use and development of such air rights, to be devel-
 oped as air rights sites for the elimination of the blighting influence,
 or any combination thereof and may include land, buildings  or  improve-
 ments,  or  air rights and concomitant easements or other rights of user
 necessary for the use and development of such air rights, not  in  them-
 selves  substandard  or  insanitary,  the  inclusion  of which is deemed
 necessary for the effective undertaking of one  or  more  urban  renewal
 programs.
   § 3. This act shall take effect immediately.

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Senate Bill S3425

Sponsored By

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

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co-Sponsors

2023-S3425 (ACTIVE) - Details

2023-S3425 (ACTIVE) - Summary

2023-S3425 (ACTIVE) - Sponsor Memo

2023-S3425 (ACTIVE) - Bill Text download pdf

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Sponsored By

Zellnor Myrie

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Actions

co-Sponsors

Jamaal T. Bailey

Nathalia Fernandez

Andrew Gounardes

Jessica Scarcella-Spanton

2023-S3425 (ACTIVE) - Details

2023-S3425 (ACTIVE) - Summary

2023-S3425 (ACTIVE) - Sponsor Memo

2023-S3425 (ACTIVE) - Bill Text download pdf

Comments